JCOERE Consortium. Report 2: Report on Judicial Co-operation in Preventive Restructuring and Insolvency in the EU –  Substantive and procedural harmonisation, judicial practice and guidelines

JCOERE Consortium; Lynch Fannon, Irene; Gant, Jennifer L. L.; Finnerty, Aoife

JCOERE Consortium. Report 2: Report on Judicial Co-operation in Preventive Restructuring and Insolvency in the EU – Substantive and procedural harmonisation, judicial practice and guidelines

Files

JCOERE_Report_2_PDF_final.pdf(2.38 MB)

Published version

Date

2020

Authors

JCOERE Consortium

Lynch Fannon, Irene

Gant, Jennifer L. L.

Finnerty, Aoife

Publisher

JCOERE Project, University College Cork

Abstract

The second JCOERE Report analyses the co-operation obligations arising from the EIR Recast, which are imposed on courts and practitioners in EU Member States to co-operate in cross-border insolvency and restructuring matters. This Report undertakes a benchmarking of judicial utilisation and awareness of best practice guidelines for co-operation in cross-border insolvency and preventive restructuring cases that have been adopted by European and international organisations. Report 2 also considers broader questions, such as differences in judicial culture across the EU Member States, how this impacts mutual trust and effective cooperation, and how the obligations and broader initiatives concerning judicial co-operation are fundamental to the question of European integration and harmonisation. A comparative analysis of judicial co-operation in another federalised jurisdiction has also been undertaken in this report, between the European Union and the United States.

Description

Judicial Co-operation Supporting Economic Recovery in Europe (JCOERE)

Keywords

Judicial co-operation , Preventive Restructuring Directive , Economic recovery , European Union , Harmonisation , Judicial Co-operation Supporting Economic Recovery in Europe (JCOERE)

Citation

JCOERE Consortium. (2020) Report 2: Report on Judicial Co-operation in Preventive Restructuring and Insolvency in the EU – Substantive and procedural harmonisation, judicial practice and guidelines, Cork: JCOERE Project, University College Cork. Available online: https://www.ucc.ie/en/jcoere/research/report2/